Anshul Somani & ORS v. State & ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 4083/2017 ANSHUL SOMANI & ORS ..... Petitioners Through:

Mr.Vikrant Arora, Advocate with the petitioners in person.

versus STATE & ORS ..... Respondents Through:

Mr.Kamal Kr. Ghei, APP for State with ASI Kanwar Pal Singh, P.S.

Hauj Quazi, Delhi.

Mr.R.K.Bedi, Advocate for R2 to R4 with R2 in person.

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 27.09.2017 CRL.M.A.16388/2017 (Exemption) Exemption granted, subject to all just exceptions. Application stands disposed of.

CRL.M.C. 4083/2017 This is a petition under Section 482 Cr.P.C filed on behalf of the petitioners for quashing of FIR No.109/2016, under Sections 448/380 IPC, registered at Police Station Hauz Qazi, Delhi and all subsequent proceedings arising therefrom.

Learned counsel for the petitioners has submitted that there was a

relationship of landlord and tenant between the parties and during the course of civil litigation, a misunderstanding had arisen between the parties which resulted into registration of the aforesaid FIR against the petitioners. Counsel further submits that after the registration of the aforesaid FIR, the near relatives and friends intervened and the matter has been amicably settled between the parties and the same has been reduced into writing on 5th August, 2017 and subsequently the same has also been reduced into writing on 20th July, 2017 and the same has been acted upon between the parties. Counsel further submits that since the civil litigation is over and nothing further remains to adjudicated between them, however, the present FIR is coming as hurdle in the personal life of the petitioners and prays that the aforesaid FIR and its subsequent proceedings arising therefrom may be quashed.

The respondent No.2 Shri Pradeep Malhotra is present in person and has been identified by the IO ASI Kanwar Pal Singh, P.S. Hauz Quazi, Delhi. Mr.R.K.Bedi, Advocate is also present who is representing the respondents No.2 to 4. The respondent No.2, present in person, admits the amicable settlement reached between the parties and submits that all disputes have been settled between the parties before the Court of Shri V.K.Jha, Civil Judge (Central), Tis Hazari Courts, Delhi in Case No.(Old) 253/16 on 20.07.2017. He further submits that the said settlement is voluntary and without any force, pressure or coercion and nothing further remains to be adjudicated between them and the respondents have no objection if the present FIR is quashed.

Looking into the above facts and circumstances, since the misunderstanding has been sorted and all disputes have been amicably

settled between the parties and the same has been reduced into writing on 20.07.2017 and the same has been acted upon between the parties and nothing further remains to be adjudicated between them, to have peace in the life of the parties and to meet the ends of justice, I deem it appropriate to quash the FIR and all subsequent proceedings arising therefrom. Consequently, FIR No.109/2016, under Sections 448/380 IPC, registered at Police Station Hauz Quazi, Delhi and all subsequent proceedings arising therefrom are hereby quashed. Parties shall be bound by the terms of the settlement dated 20.07.2017. The present petition is allowed and stands disposed of accordingly. Copy of this order be given dasti to the parties, as prayed. I.S.MEHTA, J SEPTEMBER 27, 2017 'dc'